Under what circumstances will a police officer stop, search and detain an individual in a vehicle after receiving an anonymous tip from a tip-off?

California, United States of America


The following excerpt is from People v. Brewer, C051471 (Cal. App. 6/21/2007), C051471 (Cal. App. 2007):

"An investigatory detention of an individual in a vehicle is permissible under the Fourth Amendment if supported by reasonable suspicion that the individual has violated the law. [Citation.] A peace officer may also search the passenger compartment of the vehicle, limited to those areas in which a weapon may be placed or hidden, if the officer possesses a reasonable belief the suspect is dangerous and may gain immediate control of a weapon." (People v. Dolly (2007) 40 Cal.4th 458, 463 (Dolly).)

"The guiding principle in determining the propriety of an investigatory detention is `the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security.' [Citations.] In making our determination, we examine `the totality of the circumstances' in each case." (People v. Wells (2006) 38 Cal.4th 1078, 1083.)

In Alabama v. White (1990) 496 U.S. 325 [110 L.Ed.2d 301], the police received an anonymous tip that a woman was carrying cocaine in an attache case and would be leaving an apartment building at a specific time, get into a car matching a specific description, and drive to a specific motel. Acting on the tip, the police conducted surveillance and observed the woman proceed as predicted. She was then stopped, searched and cocaine was found in an attache case in her vehicle. (Id. at p. 327 [110 L.Ed.2d at pp. 306-307].)

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